Bill Text: NY A05543 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 5543 (Prior Session Legislation)

Introduced

Bill Title: Relates to the issuance of arrest warrants and appearance tickets upon a youth; provides for the police officer to immediately notify the parent or other person legally responsible for the care of such youth with whom the youth is domiciled that the youth has been arrested; provides further that the police officer need not notify the parent or other person legally responsible when such youth is not also a juvenile offender and the notification would endanger the health and safety of such youth.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2014-01-08 - referred to children and families [A05543 Detail]

Download: New_York-2013-A05543-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5543
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 28, 2013
                                      ___________
       Introduced  by  M.  of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY,
         COOK, FARRELL, HOOPER, MAGEE, SCARBOROUGH, WEISENBERG -- read once and
         referred to the Committee on Children and Families
       AN ACT to amend the criminal procedure law, in relation to  establishing
         the Chance to Help Notification Act
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be cited as the "chance  to
    2  help notification act".
    3    S 2. Subdivision 7 of section 120.90 of the criminal procedure law, as
    4  amended  by  chapter  424  of  the  laws  of 1998, is amended to read as
    5  follows:
    6    7.  Upon arresting a juvenile offender OR YOUTH AS DEFINED IN SUBDIVI-
    7  SION ONE OF SECTION 720.10 OF THIS CHAPTER,  the  police  officer  shall
    8  immediately  notify  the  parent or other person legally responsible for
    9  his OR HER care or the person with whom he OR SHE is domiciled, that the
   10  juvenile offender OR YOUTH has been arrested, and the  location  of  the
   11  facility  where  he  OR  SHE is being detained, PROVIDED THAT THE POLICE
   12  OFFICER NEED NOT NOTIFY THE PARENT OR OTHER PERSON  LEGALLY  RESPONSIBLE
   13  FOR  SUCH  YOUTH'S  CARE  OR THE PERSON WITH WHOM HE OR SHE IS DOMICILED
   14  WHEN SUCH YOUTH IS NOT ALSO A JUVENILE OFFENDER AND THE NOTIFICATION  OF
   15  A  PARENT  OR  OTHER  PERSON WOULD ENDANGER THE HEALTH OR SAFETY OF SUCH
   16  YOUTH.
   17    S 3. Subdivision 6 of section 140.20 of the criminal procedure law, as
   18  added by chapter 411 of the laws of 1979, is amended to read as follows:
   19    6.  Upon arresting a juvenile offender OR YOUTH AS DEFINED IN SUBDIVI-
   20  SION ONE OF SECTION 720.10 OF THIS CHAPTER without a warrant, the police
   21  officer shall immediately notify the  parent  or  other  person  legally
   22  responsible  for  his  OR  HER care or the person with whom he OR SHE is
   23  domiciled, that the juvenile offender OR YOUTH has  been  arrested,  and
   24  the location of the facility where he OR SHE is being detained, PROVIDED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00053-01-3
       A. 5543                             2
    1  THAT  THE  POLICE  OFFICER  NEED  NOT  NOTIFY THE PARENT OR OTHER PERSON
    2  LEGALLY RESPONSIBLE FOR SUCH YOUTH'S CARE OR THE PERSON WITH WHOM HE  OR
    3  SHE IS DOMICILED WHEN SUCH YOUTH IS NOT ALSO A JUVENILE OFFENDER AND THE
    4  NOTIFICATION  OF  A  PARENT OR OTHER PERSON WOULD ENDANGER THE HEALTH OR
    5  SAFETY OF SUCH YOUTH.
    6    S 4. Section 150.20 of the criminal procedure law is amended by adding
    7  a new subdivision 4 to read as follows:
    8    4. UPON ISSUING TO AND SERVING AN  APPEARANCE  TICKET  AS  DEFINED  IN
    9  SUBDIVISION  ONE  OF  SECTION  150.10  OF  THIS  ARTICLE UPON A YOUTH AS
   10  DEFINED IN SUBDIVISION ONE OF SECTION 720.10 OF THIS CHAPTER, THE POLICE
   11  OFFICER SHALL NOTIFY THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE  FOR
   12  HIS  OR  HER  CARE  OR THE PERSON WITH WHOM HE OR SHE IS DOMICILED, THAT
   13  SUCH YOUTH HAS BEEN SERVED WITH AN APPEARANCE TICKET, THE TIME SET FORTH
   14  IN SUCH APPEARANCE TICKET FOR THE YOUTH'S APPEARANCE BEFORE  A  CRIMINAL
   15  COURT  AND  THE OFFENSE OF WHICH HE OR SHE IS CHARGED, PROVIDED THAT THE
   16  POLICE OFFICER NEED NOT  NOTIFY  THE  PARENT  OR  OTHER  PERSON  LEGALLY
   17  RESPONSIBLE  FOR  SUCH YOUTH'S CARE OR THE PERSON WITH WHOM HE OR SHE IS
   18  DOMICILED WHEN SUCH YOUTH IS  NOT  ALSO  A  JUVENILE  OFFENDER  AND  THE
   19  NOTIFICATION  OF  A  PARENT OR OTHER PERSON WOULD ENDANGER THE HEALTH OR
   20  SAFETY OF SUCH YOUTH.
   21    S 5. This act shall take effect on the first of November next succeed-
   22  ing the date on which it shall have become a law.